Common use of Purchase at the Option of the Holder Upon a Fundamental Change Clause in Contracts

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's option, to require the Company to purchase any or all of such Holder's Securities on a date specified by the Company that is no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"). The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and accrued and unpaid interest, including Additional Interest, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Indenture (L-1 Identity Solutions, Inc.)

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Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any all or all a portion of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (Change, subject to extension to comply with applicable law, as provided in Section 11.03(d)) law (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Securities shall be purchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus any accrued and unpaid interestinterest to, including any Additional Interestbut not including, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and any accrued and unpaid interest, including Additional Interest, interest shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Delta Petroleum Corp/Co

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no earlier than the 10th calendar day and no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d8.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased purchased, and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: First Supplemental Indenture (Flotek Industries Inc/Cn/)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or for cash all of such Holder's Securities ’s Securities, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000, on a the date (the “Fundamental Change Purchase Date”) specified by the Company that is no later not less than the 35th 20 calendar day after days or more than 35 calendar days following the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"). The Company shall purchase such Securities at a purchase price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased purchased, plus accrued and unpaid interestinterest thereon to, including any Additional Interestbut excluding, to but excluding the Fundamental Change Purchase DateDate (the “Fundamental Change Purchase Price”), unless the Fundamental Change Purchase Date is between after a Regular Record Date and but on or prior to the Interest Payment Date interest payment date to which it such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest to Holders of record on such Regular Record Date and the Fundamental Change Purchase Price shall be equal to 100% of the principal amount of Securities to be purchased and accrued and unpaid interest, including Additional Interest, shall be paid pursuant to the Holder of record on the Regular Record Datethis Article 11.

Appears in 1 contract

Samples: Purchase (Group 1 Automotive Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's option, to require the Company to purchase any all or all a portion of such Holder's Securities on a date specified by the Company that is no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (Change, subject to extension to comply with applicable law, as provided in Section 11.03(d)) law (the "FUNDAMENTAL CHANGE PURCHASE DATE"). The Securities shall be purchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus any accrued and unpaid interest, interest (including any Additional Interest) to, to but excluding not including, the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and any accrued and unpaid interest, interest (including any Additional Interest, ) shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Calgon Carbon Corporation

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d8.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Contingent Interest and Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased purchased, and accrued and unpaid interest, including Contingent Interest and Additional Interest, if any, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: First Supplemental Indenture (Flotek Industries Inc/Cn/)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d)11.02(d) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”)). The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and accrued and unpaid interest, including Additional Interest, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any all or all a portion of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (Change, subject to extension to comply with applicable law, as provided in Section 11.03(d)) law (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Securities shall be purchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus any accrued and unpaid interest, interest (including any Additional Interest) to, to but excluding not including, the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and any accrued and unpaid interest, interest (including any Additional Interest, ) shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Eddie Bauer Holdings, Inc.

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Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's Securities ’s Notes on a date specified by the Company that is no later than the 35th calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d10.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Company shall purchase such Securities Notes at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities Notes to be purchased plus accrued and unpaid interest, including any Additional Interest, interest to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities Notes to be purchased and accrued and unpaid interest, including Additional Interest, interest shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Securities shall be repurchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and accrued and unpaid interest, including Additional Interest, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Group 1 Automotive Inc

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th 35 calendar day days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Securities shall be repurchased in multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest and Reporting Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date interest payment date to which it relates, in which case the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased purchased, and accrued and unpaid interest, including Additional Interest and Reporting Interest, shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Purchase (Kyphon Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder's ’s option, to require the Company to purchase any or all of such Holder's ’s Securities on a date specified by the Company that is no later than the 35th thirty fifth (35th) calendar day after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.03(d11.02(d)) (the "FUNDAMENTAL CHANGE PURCHASE DATE"“Fundamental Change Purchase Date”). The Company shall purchase such Securities at a price (the "FUNDAMENTAL CHANGE PURCHASE PRICE"“Fundamental Change Purchase Price”), which shall be paid in cash, equal to one hundred percent (100% %) of the principal amount of the Securities to be purchased plus accrued and unpaid interest, including any Additional Interest, to but excluding the Fundamental Change Purchase Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the Interest Payment Date to which it relates, in which case the Fundamental Change Purchase Price shall equal one hundred percent (100% %) of the principal amount of Securities to be purchased and accrued and unpaid interest, including Additional Interest, interest shall be paid to the Holder of record on the Regular Record Date.

Appears in 1 contract

Samples: Veeco Instruments Inc

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